People v. Superior Court (Memorial Med. Center)

I write separately to accentuate the concerns, first identified in the lead opinion, over the effect that the elimination of Evidence Code section 1157 discovery immunity in criminal prosecutions will have on the medical “peer review” system. As pointed out in the lead opinion, Evidence Code section 1157 was enacted so that medical peer review committees would have full rein to examine with complete candor claimed deficient medical treatment by a medical doctor or provider of medical services without fear that comments, deliberations, or documentation would eventually be revealed in litigation. The lead opinion now opens peer review to criminal discovery via search warrant and eliminates the protection of Evidence Code section 1157. The inference is inescapable that the lead opinion creates a chink in the armour of peer review independence. I am fearful that the conclusion reached in the lead opinion will have a deep “chilling effect” on peer review and thus weaken the system. This would be an unfortuante turn of events since, in my opinion, peer review is the mainstay in checking on the maintenance of day-to-day quality medical care being given to hospital patients.

However, I…

Weissburg & Aronson, Jay Hartz, Kenneth M. Stern and Robert C. Leventhal for Real Party in Interest in No. B056780 and Petitioner in No. B057129.

OPINION

JOHNSON, J. —

The District Attorney of Los Angeles County, representing petitioner, the People of the State of California (hereinafter referred to as the People), seeks a writ of mandate to compel the Los Angeles County Superior Court to vacate its order of February 1, 1991. In that order the trial court, in response to a motion in opposition to the issuance of a search warrant brought by Memorial Medical Center of Long Beach (hereinafter referred to as Memorial), modified the People's original statement of property to be seized.

Cross-petitioner Memorial seeks a peremptory writ of mandate ordering the trial court to set aside its order of February 20, 1991, which issued a modified search warrant. Memorial alleges that the property sought under the modified warrant is protected from discovery, and therefore the trial court abused its discretion in issuing the order.

The People endeavor to gain access to a number of documents relevant to an investigation arising from two separate incidents of possible criminally negligent…

Facts and Proceedings Below

The District Attorney of Los Angeles County, representing petitioner, the People of the State of California (hereinafter referred to as the People), seeks a writ of mandate to compel the Los Angeles County Superior Court to vacate its order of February 1, 1991. In that order the trial court, in response to a motion in opposition to the issuance of a search warrant brought by Memorial Medical Center of Long Beach (hereinafter referred to as Memorial), modified the People’s original statement of property to be seized.

*368 Cross-petitioner Memorial seeks a peremptory writ of mandate ordering the trial court to set aside its order of February 20, 1991, which issued a modified search warrant. Memorial alleges that the property sought under the modified warrant is protected from discovery, and therefore the trial court abused its discretion in issuing the order.

The People endeavor to gain access to a number of documents relevant to an investigation arising from two separate incidents of possible criminally negligent behavior by a physician, Dr. Larry Igor Borden. As related in the People’s statement of probable cause, the first incident,…